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‘Glee’ less than happy after trade mark strife (Brands & IP Newsnotes - Issue 2)
28 March 2016We’re all familiar with the classic trade markdispute. But can you sue for trade markinfringement if the brand using your name is actually more famous than your own? In February, the Court of Appeal said you could.
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Trading secrets safely in Europe (Brands & IP Newsnotes - Issue 2)
28 March 2016In December 2015, while most of us were busy wrapping presents and eating mince pies, the representatives of the European Parliament and Council agreed the text of the Trade Secrets Directive.
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Play those bars again and end up behind… bars (Brands & IP Newsnotes - Issue 2)
28 March 2016The High Court has handed down a custodial sentence of 28 days for breach of an injunction against copyright infringement, albeit suspended for a period of 18 months. Two points rang out.
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Kylie v Kylie (Brands & IP Newsnotes - Issue 2)
28 March 2016It isn’t often that trade mark oppositions receive mainstream media attention. Kylie Minogue has bucked that trend by filing an opposition to reality TV star Kylie Jenner’s trade mark application for ‘Kylie’ in the US.
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But we settled that! (Brands & IP Newsnotes - Issue 2)
28 March 2016Parties will understandably often be relieved to sign on the dotted line of that “full and final” settlement agreement. But two decisions of the High Court earlier this year may give pause for thought. What is the practical effect of such a settlement and is it really what the parties want?
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UBS and Deutsche Bank tax cases: HMRC wins in Supreme Court
Press
24 March 2016Recently the Supreme Court handed down its decision in the UBS and Deutsche Bank bonus tax avoidance cases. After the banks had succeeded in the Court of Appeal, the Supreme Court decided that in fact a “purposive interpretation” of the legislation meant that the schemes failed. HMRC therefore won and millions of pounds of PAYE and NIC will have to be paid. However the case is most interesting for the approach the Supreme Court takes. It shows the extent to which the courts are sometimes prepared to go in interpreting the legislation in such a way that tax avoidance schemes will not succeed. Lewis Silkin tax expert Matthew Rowbotham wrote about the case for the April 2016 issue of PLC Magazine.
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Pheasant sick as a parrot
21 March 2016Today, 21 March 2016, HHJ Pelling handed down his judgment in relation to the account of profits element of the long-running dispute between Jack Wills and House of Fraser over the use of a logo consisting of a pigeon with a top-hat and bow-tie on some of its own-brand “Linea” products. The logo was found by Mr Justice Arnold to infringe Jack Wills’ rights in its “Mr. Wills” pheasant with a top-hat and a cane.
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Roundtable: Brexit legal strategy
Press
14 March 2016The Law Society Gazette convened its latest roundtable to discuss the implications of the a Brexit vote.
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An industry caught out in a game of legal musical chairs
Press
08 March 2016James Sweeting has been quoted in an article by The Times which discusses a change in copyright law which will eventually provide stronger legal protection for the rights-holders of popular, older designs and could signal an end to replica designer homeware. There is speculation that the implementation of this new law could be accelerated.
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Will a Brexit from the EU be bad for advertising businesses?
Press
04 March 2016Brinsley Dresden has been quoted in an article by The Drum which discusses how a British exit from the EU could impact those agencies and brands operating within the advertising industry.
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Lewis Silkin named one of Britain’s best employers for eight years running
Press Release
29 February 2016City law firm Lewis Silkin LLP has once again been recognised as one of the UK’s best employers by The Sunday Times’ esteemed ‘100 Best Companies to Work For’ survey.
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Lewis Silkin LLP and myGwork team up for a diverse and inclusive workplace
Press
26 February 2016Geraint Lloyd-Taylor and Alan Hunt have been talking with myGwork, the global recruitment hub for LGBT professionals, about Lewis Silkin’s commitment to diversity & inclusion through our various memberships, activities and initiatives
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Big spending China a major shift in transfer market
Press
26 February 2016Karish Andrews has been quoted in an article by Associated Press which discusses the money spent by Chinese Super League Clubs in the recent winter transfer window.
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Latest ruling on holiday pay and commission
24 February 2016The Employment Appeal Tribunal (“EAT”) has confirmed that UK law can and should be interpreted to give effect to the decision of the European Court of Justice (“ECJ”) that results-based commission must be taken into account when calculating workers’ holiday pay (British Gas Trading v Lock).
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Brexit: Implications for employment law in the UK
Press
23 February 2016James Davies and Bethan Carney consider some of the potential implications of the UK leaving the EU for employers and employees.
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Trade Mark Watch Services
Inbrief
21 February 2016There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.
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Lewis Silkin advises The Brooklyn Brothers on its sale to Golin
Deal
19 February 2016Lewis Silkin has advised The Brooklyn Brothers, the global creative agency, on its sale to Interpublic Group PR network, Golin.
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Lewis Silkin advises 3 Monkeys on sale to Zeno Group
Deal
17 February 2016Lewis Silkin has advised 3 Monkeys Communications Limited, one of the UK's biggest independent PR agencies, on its sale to global consultancy network Zeno Group, the sister agency of Edelman.
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Highly unattractive: Court criticises complaints raised for the first time when resisting enforcement
04 February 2016The Commercial Court denied an application to resist enforcement and recognition of a French judgment on the basis of public policy. The court reiterated the exceptional nature of the public policy carve out in the Brussels Regulation (44/2001) particularly in circumstances where the grounds relied on by the applicant could have been raised in the foreign court itself.
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When a loss becomes a gain: accounting for gains made when mitigating losses
01 February 2016Following a breach of contract, the innocent party is usually entitled to damages. Broadly speaking these are set at a level required to put them in the position they would have been had the contract been performed properly. However, there is no entitlement to recover for avoidable loss and so this gives rise to what is sometimes referred to as a “duty” to take all reasonable steps to mitigate one’s loss. If the steps taken increase the loss overall, the increased figure is recoverable. On the other hand, if steps taken in mitigation are successful, the wrongdoer is entitled to the benefit accruing and their liability is for the resulting loss as lessened. But what happens when the claimant’s steps to mitigate are so effective that he makes a profit, wiping out any loss arising from the breach?